Analysis of the decisions of the Religious Court of Bondowoso on the marriage exemption of minors

Law No. 16 of 2019 raised the minimum legal age for marriage to 19 years for both males and females. However, this provision is not absolute, as the law permits exceptions by allowing minors to marry upon obtaining marriage authorization from the Religious Court. . According to the SIPP (Case Information Tracking System) of the Bondowoso Religious Court, the number of child marriage cases reached 1,077 in 2020, decreased to 718 in 2022, and further declined to 210 in early 2024. Given the previously high figures and the sharp decline, it is crucial to understand the factors contributing to this reduction. Additionally, it is essential to examine the judicial considerations in granting marriage applications for minors and the underlying factors driving such marriages. These factors were analyzed qualitatively using data gathered from observations and direct interviews with individuals knowledgeable about minor marriage cases in the Bondowoso Religious Court. The findings indicate that in 2024, the requirements for submitting applications for minor marriages became more complex and time-consuming. The signing of Memorandums of Understanding (MoU) and Cooperation Agreements (PKS) between the Bondowoso Regency Government and the Bondowoso Religious Court significantly contributed to the drastic decrease in child marriage cases. When granting requests for minor marriages, judges prioritize the best interests of the child. Local customs, particularly engagement traditions, remain the primary factor driving underage marriages in Bondowoso.